German Law/contract termination

QuestionI was recently notified by my employer that my year to year contract would not be renewed. This is my 3rd year under the original 1 year contract. I thought after the 2nd year a contract was open-ended in Germany. I was notified that the contract would end in 3 months. I then was asked to stay on "vacation" for those 3 months and that I would get paid my regular salary. I received my salary for the first 2 months, but then the last salary was not paid. No written notification, no explanation. Employer will not respond to email correspondence. What are my legal options? Thank you

AnswerIn general, your opinion is right that a fixed term work contract is converted into an open ended contract after two years at the latest. However, an open-ended contract can be terminated with three months notice. Depending on the number of employees a reason for termination must be on hand, too. Otherwise, the termination notice would be invalid. Dismissal protection suit can be filed at the labour court within a period of three weeks upon receipt of such termination notice. Outcome is usually an extra severance pay of half a month`s salary for each year of employment. If the period has already expired all you can do is to claim for the salary of the last month in court.

Expertise

I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.

Experience

Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.